SB0786 EngrossedLRB099 06793 HEP 26867 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Probate Act of 1975 is amended by changing
5Sections 11-10.1 and 11-13 as follows:
 
6    (755 ILCS 5/11-10.1)  (from Ch. 110 1/2, par. 11-10.1)
7    Sec. 11-10.1. Procedure for appointment of a standby
8guardian or a guardian of a minor.
9    (a) Unless excused by the court for good cause shown, it is
10the duty of the petitioner to give notice of the time and place
11of the hearing on the petition, in person or by mail, to the
12minor, if the minor is 14 years, or older, and to the relatives
13and the short-term guardian of the minor whose names and
14addresses are stated in the petition, not less than 7 3 days
15before the hearing, but failure to give notice to any relative
16is not jurisdictional.
17    (b) In any proceeding for the appointment of a standby
18guardian or a guardian the court may appoint a guardian ad
19litem to represent the minor in the proceeding.
20(Source: P.A. 98-1082, eff. 1-1-15.)
 
21    (755 ILCS 5/11-13)  (from Ch. 110 1/2, par. 11-13)
22    Sec. 11-13. Duties of guardian of a minor. Before a

 

 

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1guardian of a minor may act, the guardian shall be appointed by
2the court of the proper county and, in the case of a guardian
3of the minor's estate, the guardian shall give the bond
4prescribed in Section 12-2. Except as provided in Section
511-13.1 and Section 11-13.2 with respect to the standby or
6short-term guardian of the person of a minor, the court shall
7have control over the person and estate of the ward. Under the
8direction of the court:
9    (a) The guardian of the person shall have the custody,
10nurture and tuition and shall provide education of the ward and
11of his children, but the ward's spouse may not be deprived of
12the custody and education of the spouse's children, without
13consent of the spouse, unless the court finds that the spouse
14is not a fit and competent person to have such custody and
15education. If the ward's estate is insufficient to provide for
16the ward's education and the guardian of his person fails to
17provide education, the court may award the custody of the ward
18to some other person for the purpose of providing education. If
19a person makes a settlement upon or provision for the support
20or education of a ward and if either parent of the ward is
21dead, the court may make such order for the visitation of the
22ward by the person making the settlement or provision as the
23court deems proper. The guardian of the minor shall inform the
24court of the minor's current address by certified mail, hand
25delivery, or other method in accordance with court rules within
2630 days of any change of residence.

 

 

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1    (b) The guardian or other representative of the ward's
2estate shall have the care, management and investment of the
3estate, shall manage the estate frugally and shall apply the
4income and principal of the estate so far as necessary for the
5comfort and suitable support and education of the ward, his
6children, and persons related by blood or marriage who are
7dependent upon or entitled to support from him, or for any
8other purpose which the court deems to be for the best
9interests of the ward, and the court may approve the making on
10behalf of the ward of such agreements as the court determines
11to be for the ward's best interests. The representative may
12make disbursement of his ward's funds and estate directly to
13the ward or other distributee or in such other manner and in
14such amounts as the court directs. If the estate of a ward is
15derived in whole or in part from payments of compensation,
16adjusted compensation, pension, insurance or other similar
17benefits made directly to the estate by the Veterans
18Administration, notice of the application for leave to invest
19or expend the ward's funds or estate, together with a copy of
20the petition and proposed order, shall be given to the
21Veterans' Administration Regional Office in this State at least
227 days before the hearing on the application. The court, upon
23petition of a guardian of the estate of a minor, may permit the
24guardian to make a will or create a revocable or irrevocable
25trust for the minor that the court considers appropriate in
26light of changes in applicable tax laws that allow for

 

 

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1minimization of State or federal income, estate, or inheritance
2taxes; however, the will or trust must make distributions only
3to the persons who would be entitled to distributions if the
4minor were to die intestate and the will or trust must make
5distributions to those persons in the same amounts to which
6they would be entitled if the minor were to die intestate.
7    (c) Upon the direction of the court which issued his
8letters a representative may perform the contracts of his ward
9which were legally subsisting at the time of the commencement
10of the guardianship. The court may authorize the guardian to
11execute and deliver any bill of sale, deed or other instrument.
12    (d) The representative of the estate of a ward shall appear
13for and represent the ward in all legal proceedings unless
14another person is appointed for that purpose as representative
15or next friend. This does not impair the power of any court to
16appoint a representative or next friend to defend the interests
17of the ward in that court, or to appoint or allow any person as
18the next friend of a ward to commence, prosecute or defend any
19proceeding in his behalf. Any proceeding on behalf of a minor
20may be commenced and prosecuted by his next friend, without any
21previous authority or appointment by the court if the next
22friend enters bond for costs and files it in the court where
23the proceeding is pending. Without impairing the power of the
24court in any respect, if the representative of the estate of a
25minor and another person as next friend shall appear for and
26represent the minor in a legal proceeding in which the

 

 

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1compensation of the attorney or attorneys representing the
2guardian and next friend is solely determined under a
3contingent fee arrangement, the guardian of the estate of the
4minor shall not participate in or have any duty to review the
5prosecution of the action, to participate in or review the
6appropriateness of any settlement of the action, or to
7participate in or review any determination of the
8appropriateness of any fees awarded to the attorney or
9attorneys employed in the prosecution of the action.
10    (e) Upon petition by any interested person (including the
11standby or short-term guardian), with such notice to interested
12persons as the court directs and a finding by the court that it
13is in the best interest of the minor, the court may terminate
14or limit the authority of a standby or short-term guardian or
15may enter such other orders as the court deems necessary to
16provide for the best interest of the minor. The petition for
17termination or limitation of the authority of a standby or
18short-term guardian may, but need not, be combined with a
19petition to have a guardian appointed for the minor.
20    (f) The court may grant leave to the guardian of a minor
21child or children to remove such child or children from
22Illinois whenever such approval is in the best interests of
23such child or children. The guardian may not remove a minor
24from Illinois except as permitted under this Section and must
25seek leave of the court prior to removing a child for 30 days
26or more. The burden of proving that such removal is in the best

 

 

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1interests of such child or children is on the guardian. When
2such removal is permitted, the court may require the guardian
3removing such child or children from Illinois to give
4reasonable security guaranteeing the return of such children.
5    The court shall consider the wishes of the minor's parent
6or parents and the effect of removal on visitation and the
7wishes of the minor if he or she is 14 years of age or older.
8The court may not consider the availability of electronic
9communication as a factor in support of the removal of a child
10by the guardian from Illinois. The guardianship order may
11incorporate language governing removal of the minor from the
12State. Any order for removal, including one incorporated into
13the guardianship order, must include the date of the removal,
14the reason for removal, and the proposed residential and
15mailing address of the minor after removal. A copy of the order
16must be provided to any parent whose location is known, within
173 days of entry, either by personal delivery or by certified
18mail, return receipt requested.
19    Before a minor child is temporarily removed from Illinois
20for more than 48 hours but less than 30 days, the guardian
21shall inform the parent or parents of the address and telephone
22number where the child may be reached during the period of
23temporary removal and the date on which the child shall return
24to Illinois. The State of Illinois retains jurisdiction when
25the minor child is absent from the State pursuant to this
26subsection. The guardianship order may incorporate language

 

 

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1governing out-of-state travel with the minor.
2(Source: P.A. 98-1082, eff. 1-1-15.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.